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The Standing of Victims in the Procedural Design of the International Criminal Court


ISBN13: 9789004338609
Published: June 2017
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £121.00



Despatched in 11 to 13 days.

This book canvasses the autonomous position of victims before the International Criminal Court. It seeks to provide an objective and balanced perspective, and neither rejects the idea of victims’ participation nor seeks to extend it beyond the contours determined by the founders of the ICC.

The author contributes to the existing debate in academia and in practice by delineating the core, most complex and contentious matters ensuing from the role assigned to victims. The scrupulously selected issues unveil and blueprint the essential characteristics that delimit the standing of victims as independent actors in the ICC’s arena, distinct from the parties and other non-party participants. As an integral part of the ICC’s synergy, victims converge and interact with its other components. Therefore, the position and role of victims are contemplated in the context of the Court’s procedural mechanism and the mission pursued by the parties and the Chamber.

The philosophy underpinning the ICC’s design and the standing of victims therein also requires analysis from a wider perspective. Accordingly, the volume draws an in-depth parallel with relevant developments and trends at the international and domestic level. Close attention is paid to the legal instruments and jurisprudence of international(ized) criminal justice bodies, human rights institutions and non-criminal jurisdictions to the extent useful for shedding further light on the issues at hand. Recourse is also made to various national systems, whenever relevant.

Subjects:
International Criminal Law
Contents:
Foreword
 William Schabas
Foreword
 Georghios M. Pikis/i>
Acknowledgements
Introduction
1. Victims’ Eligibility under Rule 85
 The Victim Definition and the Presumption of Innocence
 Application of Rule 85
 The First Criterion: Natural Persons and Legal Entities
  Natural Persons
  Legal Persons
 The Second Criterion: Harm
  Definition of Harm
  Types of Harm
  Harm Sustained by Legal Persons
 The Third Criterion: Jurisdiction
 The Fourth Criterion: Causal Link
2. Classification of Victims’ Rights
 General and Specific Rights
 Rights of Uniform Applicability and Case-dependent Rights
 Express and Implied Rights
 Imperative and Non-imperative Rights
 Conditional and Non-conditional Rights
 Passive and Active Rights
Rights of a Mixed Character
 Positive and Negative Rights
 Rights Employed in Person
Rights Exercised in Person and through Another
Rights Effectuated Exclusively through Another
 Any-victim Rights and Group-specific Rights
 Service Rights and Procedural Rights
 Exclusive and Non-exclusive Rights
 Rights Falling within Several Classifications
3. Purpose and Quintessence of Article 68(3)
 Article 68(3) Participation Scheme and Existing Models of Victims’ Intervention
 icc’s Participatory Scheme and Intervention of Interested Persons in Ongoing Litigation
 Genesis and Overall Rationale of Article 68(3)
  ‘Personal Interests’ Requirement
  The Requirement ‘Are Affected’
  The ‘Appropriateness’ Criterion
  Manner of Participation
  Views and Concerns
4. Duality of Victim-Witness Status
 Duality of Status at the Domestic Level
 Duality of Status at the International Level
 Duality of Status in the Context of Trials of Mass Atrocities
 Acquiring Duality of Status
 Applications for Participation and Written Statements
Disclosure-Related Issues
  Access to Victims’ Applications for Participation
Disclosure of Applications of Dual Status Individuals
 Views and Concerns as Compared to Testimony
 Admissibility and Probative Value of the Testimony of Dual Status Individuals
 Impact of Information from Dual Status Individuals on Their Victim Standing and Trustworthiness
 Withdrawal of Victim Standing before Other Adjudicative Bodies. Consequences and Possible Remedies
 Practical Matters Occasioned by the Participation of Dual Status Individuals
  Role of the Registry in the Protection of Dual Status Individuals
  Exchange of Information Concerning Dual Status Individuals
  Contact between Dual Status Individuals, the Parties and Other Participants
5. icc’s Evidentiary Procedure and Victims’ Role Therein
 The Role of the Parties in the Processing of Evidence on the Merits of the Criminal Case
 The Role of the Chamber in the Fact-finding Mechanism
 Victims’ Role in the Fact-finding Process on the Merits of the Criminal Case
 The Essence of Reparation Proceedings in a Nutshell and Victims’ Role in Related Evidence Gathering
Concluding Remarks
Index